Our Team

All Lawyers
D. Mark Gyton
Partner

Biography

Mark has a general insurance litigation practice with particular interests in property loss subrogation, defence and coverage claims and Maritime matters. He also has considerable experience defending product liability, personal injury, and municipal claims and has appeared before all levels of the BC Courts and the Federal Court of Canada.

Mark has been at Guild Yule from the commencement of his articling year apart from a recent year abroad with his young family where he practiced at an international insurance law firm in Bristol, England. Mark is an avid sailor and in his life before the practice of law he competed and coached throughout North America and Australia.

Mark joined the partnership in January 2016.

Recent decisions | Representative Work

Appearances in the Provincial and Supreme Courts of British Columbia, the Federal Court of Canada and before the BC Human Rights Tribunal as lead and junior counsel and in Chambers of the BC Court of Appeal (references to specific parties have been removed to protect client confidentiality).

• Dismissal of construction holdback claim against Defendant College for want of prosecution.

• Dismissal of personal injury claim against Defendant Municipality following Summary Trial in the Supreme Court of British Columbia.

• Counsel for fuel supplier in obtaining a Federal Court judgment against the owners of a commercial vessel, and the vessel in Rem, relating to unpaid accounts for fuel and other necessaries provided to the vessel.

• Counsel for Health Authority in obtaining a Preliminary Decision dismissing a BC Human Rights Tribunal Complaint.

Prosecution and mediation of subrogated claims arising from damage to property caused by fire and flood, including:

• Co-Counsel for three insurers seeking recovery of approximately 5 million CAD from developer, professionals and trades involved in construction of large residential apartment building following electrical fire caused by construction defects.

• Co-Counsel for insurer seeking recovery of approximately 1.5 million CAD from conveyor belt trade following a fire at a large wood product terminal facility.

• Counsel for insurer prosecuting subrogated claim for damages arising from a flood at a residential apartment building caused by a burst sprinkler head.

• Counsel for insurer prosecuting a subrogated claim for damages arising from a fire at a residential apartment building caused by a boiler malfunction.

Counsel for Plaintiffs and Defendants in maritime actions in the BC Supreme Court and Federal Court of Canada including:

• Co-Counsel for a large diesel engine supplier and maintenance provider following a fire aboard a yacht resulting in a claim against client in excess of 2 million CAD by vessel underwriters.

• Co-Counsel for yacht owner/operator in defence of personal injury actions commenced by three passengers in excess of 1 million CAD following night-time grounding of vessel.

• Counsel for defendant turbocharger re-manufacturer in action commenced by commercial vessel owners following catastrophic engine failure.

• Defence counsel for Municipality in Federal Court action relating to salvage of shipwreck on City park waterfront.

• Defence counsel for Municipality in action arising from single vessel accident on waterway adjacent to City Park.

Defence Counsel for BC Municipalities in resolution of personal injury and property damages claims by way of mediation or informal settlement, including:

• Defence of Municipality in litigation following large scale seawater flood within Municipality. Central issues in the case were the reasonableness and adequacy of the Municipality’s emergency response and infrastructure (seawall and pump stations) systems.

• Defence of Municipality in personal injury action arising from near drowning of a toddler in a residential pool. Central issues in the case were the Municipality’s pool inspection program and the severity of the Plaintiff’s hypoxic brain injury.

• Defence of Municipality in motor vehicle accident claim relating to winter road maintenance.

• Defence of Municipality in claim arising from bicycle accident on City’s urban bike path.

Defence of institutional, corporate and individual clients in dozens of personal injury actions such as trip and slip and fall claims raising issues such as occupiers and commercial host liability, standard maintenance practices, prior safe use, Building Code and Bylaw compliance as well as motor vehicle accident claims.

Education | Professional Affiliations

Education

  • 2006 LL.B., Dalhousie Law School
  • 2002 B.A. (History), University of British Columbia

Professional Memberships

  • Law Society of British Columbia (2007-present)
  • Canadian Bar Association
  • Canadian Maritime Law Association
  • Canadian Defence Lawyers
  • Vancouver Bar Association

Contact

Direct Phone

604-844-5502

Email

mgyton@guildyule.com

Assistant

Kim Weisberg and Lisa Yuen

604-688-1221 ext.291 and 245